State Operations Manual (Pub. 100-07), Ch. 5 § 5330
Reporting Abuse to Law Enforcement and the Medicaid Fraud
5330 - Reporting Abuse to Law Enforcement and the Medicaid Fraud
Control Unit for Nursing Homes
(Rev. 243; Issued: 06-12-26; Effective: 06-12-26; Implementation: 06-12-26)
If the SA receives information that a suspected crime may have occurred in a facility and
there is indication that it has not been reported or the SA cannot verify that a report was
made to law enforcement, the SA must report the suspected crime to law enforcement
immediately.
Verifying that a complainant, facility, and/or covered individual(s) has made a report to
law enforcement would include review and confirmation of the following information:
• Who submitted the report to law enforcement, including name and contact
information;
• Who did the reporter contact, including law enforcement entity, name, and contact
information;
• Date/Time that the report was filed;
• Any copies of the report made to law enforcement, if available;
• What information was conveyed to law enforcement; and
• The police report number provided by law enforcement.
When the SA or CMS location confirms noncompliance related to abuse, the SA or CMS
location must report the cited finding of noncompliance to local law enforcement and, if
appropriate, the Medicaid Fraud Control Unit.
NOTE: “Covered individual” is defined in section 1150B(a)(3) of the Act as anyone who
is an owner, operator, employee, manager, agent or contractor of the facility
(§483.12(b)(5)(i)).